Does Child Support End When a Child Turns 18 in Illinois?

Child support is an essential part of family law, designed to ensure that children receive the financial support they need from both parents, even when they are no longer living together. However, one of the most common questions parents ask is whether child support automatically ends when a child turns 18 in Illinois.

The short answer is, “Not necessarily”. While many people believe that child support ends when a child reaches the age of majority (18), Illinois law is more nuanced. There are several factors that determine whether or not child support will continue beyond the child’s 18th birthday.

Age of Majority in Illinois

In Illinois, the age of majority is 18. This means that, under normal circumstances, a parent’s legal obligation to provide child support typically ends when the child turns 18. However, this is only the case if the child has graduated from high school. If the child is still in high school when they turn 18, child support is often required to continue until they graduate, and sometimes longer.  Since there is also the issue of college costs and health insurance coverage, supporting a child financially does not always end at 18.

Extended Support for College Expenses

Another important aspect of Illinois child support law is that child support may be extended if the child is pursuing higher education. Illinois courts may order one or both parents to contribute to college or other post-secondary educational expenses under certain circumstances, which is outlined in many marital settlement agreements, divorce decrees, court orders and by statute. These expenses could include tuition, room and board, textbooks, and other necessary college costs. This support could be required until the child graduates or turns 23, whichever comes first, although the court may make adjustments based on the specific circumstances.

Children with Disabilities

If a child has a mental or physical disability that affects their ability to support themselves, child support may continue beyond the age of 18. In these cases, a parent could be required to provide support for an adult child indefinitely, depending on the needs of the child and the financial situation of the parents.

Modifying or Terminating Child Support

If there’s a significant change in circumstances, either parent can request that child support be modified. For example, if the child becomes financially independent before turning 18 (or there is a change to a parent’s employment or other financial factors), a parent may petition the court to modify or terminate child support. Conversely, if the child has special needs or pursues higher education, the receiving parent can ask the court to extend support.

It’s important to note that in Illinois, child support does not automatically end when a child turns 18 or graduates from high school. If there’s an existing court order, parents must seek a modification to terminate support, or the court will continue to enforce it until all requirements are met.

Navigating child support laws in Illinois can be complex, and every family’s situation is unique. If you have questions about your specific case, consulting with a family law attorney can help ensure that you’re fulfilling your legal obligations and protecting your child’s future.  Reach out to Jennifer Ward of Ward Family Law for a consultation on your child support obligation, modification or termination: 312-803-5838 or jward@wardfamilylawchicago.com